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Commission of the European Communities v the European Parliament and the CouncilThe European Court of Justice has ruled that the following benefits should be paid to people who move from the UK to another country within the European Economic Area. The benefits are:
• the care component of disability living allowance (DLA)
• attendance allowance (AA)
• carer’s allowance (CA)
EC regulation 1408/71 allows the exporting of certain benefits for EEA nationals who are employed or self employed, as well as to members of their families, moving within the community.
You can be treated as an employed or self employed person if you pay, or have previously paid, or ought to pay national insurance contributions.
Prior to 1 June 1992 DLA, AA and CA were exportable, but after that date these were then classed as special non-contributory benefits, which were no longer exportable under regulation 1408/71. However recent case law has caused the Commission of the European Communities to review special non-contributory benefits classifications. As a result it issued amending regulations which removed DLA, AA and CA from the list of special non-contributory benefits.
The United Kingdom government objected to this, and requested that these benefits be added to the list once more. The Council of the European Union agreed to this. The Commission of the European Communities disagreed with this and appealed to the European Court of Justice.
The court held that DLA care component, AA and CA were not special non-contributory benefits and so were exportable under EC regulation 1408/71. DLA mobility component is still classed as a special non-contributory benefit and so is not exportable.
For more information on what to do next see our Factsheet F55 - exporting attendance allowance, disability living allowance (care component) and carer's allowance to the european economic area.
